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2009 Supreme(Online)(KER) 27703

HIGH COURT OF KERALA
V.RAMKUMAR, J
ISAC – Appellant
Versus
ACHAMMA CALLED AMMINI WO CHERIYAN – Respondent


JUDGMENT

The plaintiff in O.S.No.624 of 1995 on the file of the Munsiff's Court, Alappuzha is the appellant in this second appeal. The said suit was one for fixation of boundary of the plaint schedule item No.1 shown as admeasuring 71.640 cents and lying to the west of plaint schedule item No.2 admeasuring

10 cents.

2. The case of the plaintiff was that the entire plaint schedule item Nos.1 and 2 altogether admeasuring 81.640 cents was purchased by him as per Ext.A1 sale deed dated 31.7.1973 and since he was at that time a combatant member in the Indian Air Force, he was away at his place of employment and during his absence his father was residing in the property and the 1st defendant who is one of the brothers of the plaintiff obtained a certificate of purchase of kudikidappu over plaint schedule item No.2 admeasuring 10 cents as per order in O.A.No.515 of 1973 on the file of the Land Tribunal, Champakulam and the defendants attempted to further trespass into the plaint schedule item No.1. Hence the suit for fixation of boundary of plaint schedule Item No.1 and for perpetual injunction restraining the

1st defendant from trespassing into plaint schedule item No.1.

3. On the side of th

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